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Judge eases closed-courtroom rules for porn producer sentencing

Lyle Shane Johnson pleaded guilty in August to six counts of producing child pornography

Johnson

The judge who will sentence a Lubbock man next month on federal child pornography production charges has modified a protective order in the case allowing the courtroom to be open for a portion of the sentencing hearing.

U.S. District Judge Sam R. Cummings this week revised an earlier ruling related to Lyle Shane Johnson’s scheduled sentencing Dec. 14 under a federal law intended to protect the identities of children who are victims of criminal exploitation.

The law allows judges to close courtrooms when children are testifying, or when evidence is being presented that might reveal the children’s identities.

While the courtroom would be closed for that testimony, Cummings’ revised order calls for prosecution and defense to tell him when it’s likely testimony would produce the children’s names so the courtroom can be cleared for that portion of the proceedings.

In August, Cummings approved a protective order that appeared to authorize closing the courtroom for the entire hearing at the request of prosecutor Steve Sucsy, who noted that the names were likely to come up during victim impact statements.

Unlike Texas state court procedures, in which victims are allowed to speak after sentence is pronounced, federal court procedures provide for victim statements before the sentence is handed down.

Cummings’ order also seals the transcripts of any testimony taken in closed court until it is edited to remove any identifying information.

Johnson pleaded guilty in August to six counts of producing child pornography. A federal grand jury indicted him on 13 counts of producing child pornography. He faces a sentence of between 15 and 30 years in prison and a maximum fine of $250,000 on each count — a potential maximum sentence of 180 years in prison and a fine of $1.5 million.

According to court documents, Johnson was accused of using six different underage girls, and made at least 60 still photographs and two videos over 13 separate occasions between sometime in 2009 and March 31, 2012.

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Background of the case

Lubbock police arrested Lyle Shane Johnson June 3 near the Wal-Mart at 4215 S. Loop 289 on suspicion of improper photography after store customers complained of a man using his cellphone to take pictures up the insides of young girls’ skirts.

Police then obtained a search warrant for a cellphone and home computer, and found pornographic images.

He was released on $75,000 bail, but the Federal Bureau of Investigation re-arrested him June 8 in connection with producing child pornography.

According to Lubbock County court documents, Johnson still faces state charges of possession of child pornography and possession of marijuana in a drug-free zone.